Background
Section 202(a)(1) of the Clean Air Act (CAA), 42 U.S.C. ยง 7521(a)(1), requires the Administrator of the Environmental Protection Agency to set emission standards for "any air pollutant" from motor vehicles or motor vehicle engines "which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare."
In 2003, the EPA made two determinations:
- The EPA lacked authority under the CAA to regulate carbon dioxide and other GHGs for climate change purposes.
- Even if the EPA did have such authority, it would decline to set GHG emissions standards for vehicles.
Read more about this topic: Massachusetts V. Environmental Protection Agency
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